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HomeMy WebLinkAboutResolutions - 2001.08.02 - 26318MISCELLANEOUS RESOLUTION 01195 August 2, 2001 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: RISK MANAGEMENT - ACCEPTANCE OF FY2001 INDIGENT HEALTH CARE PLANNING GRANT A SPECIAL HEALTH CARE PROGRAM FOR THE UNINSURED To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Risk Management applied to the Michigan Department of Community Health and has been awarded Indigent Health Care Planning grant funds in an amount not to exceed $50,000 for the period of June 15, 2001 through September 14, 2001; and WHEREAS a part of the low income working program is to also develop a County indigent health care program for individuals that do not have private health insurance coverage and who do not qualify for Medicaid. The program will replace the current " State Medical Program" ; and WHEREAS Miscellaneous Resolution #01068 hired the consulting firm of Health Management Associates (HMA) which specializes in health care program design and development and has successfully implemented cost-shared health insurance program initiatives in several Michigan counties; and WHEREAS the acceptance of Indigent Health Care Planning grant funds of $50,000 will pay for portions of the professional services cost of Health Management Associates (HMA) fees related to the Indigent Health Care Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Indigent Health Care Planing Grant from the Michigan Department of Community Health in the amount of $50,000. BE IT FURTHER RESOLVED that the Fiscal Year 2001 budget is amended as follows: OTHER GRANTS/RISK MANAGEMENT REVENUE 1-276-11-101091-42010-0171 State Grants $50,000 EXPENDITURES 2-276-11-201011-42010-3348 Professional Svs. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE t FINANCE COMMITTEE Motion carried on a roll call vote with Palmer voting no and Causey-Mitchell absent. $50,000 $ -0- 5L C,/ I) CleC2/977/11 OY'r 1---1 Initial 7 Revision # 7 Extension Other * X Final No Date: X Is Board Resolution required? Yes — Resolution # MANAGEMENT AND BUDGET: 1 / Approved CORPORATION COUNSEL: Disapproved * CONTRACT/PROGRAM SYNOPSIS: 1 Approved Disapproved * Modify * Date: ofiote „ e 4 7„rrl, Add dify * a : 7/23fr Signatur) 50,000 Grant for financial assistance in the im Program as apnroved by Board of Commissione CONTRACT/PROGRAM REVIEW REQUEST Date: To: From: 7/16/01 Stephania Rodgers, Fiscal Services Stan Fayne, Risk Management & Safety Title/Subject: Indigent Health Care Planning Grant File # Department: Risk Management & Safety Contact Person: Stan Payne Telephone #: 683-6040 STATUS: (Check appropriate box) * If "other" is checked, please explain: PERSONNEL DEPT: Disapproved * RISK MANAGEMENT AND SAFETY: EZ Approved Modify * Date: %I/27/C/ Signature:PLC L el-a4 Modify * Date: 7 1.1-7 .,/ Si Approved Disapproved * * When "Disapproved" is noted or "Modify" is requested, attach explanation. Risk Management & Safety — Revised 2/98 GATerry's Files\Word '97\SanzicaMatershed\CONTRACT-PROGRAM REVIEW REQUEST.doe 9 enr1 CORPORATION COUNSEL MEMO /13 248 683 6145 07/24/01 11:48 5 :02/02 N0:170 RISK MGT OAKLAND COUNTY INTEROFFICE To: STANLEY B. FAYNE, Risk Manager cc: Stephanie Rodgers and Jeffrey Pardee From: Michael D. Blaszczak, First Assistant Corporation Counsel Date: July 23,2001 Re: Indigent Health Care Planning Grant Our office has reviewed and is approving the attached Grant, with the modifications shown on the incorporated "Attachment A - Statement of Work" (as identified in top left corner of document as: Attachment A_Draft Revision Attach A Rev 2.doc. Our office negotiated certain changes to this "Statement of Work" with the Mr. R. Buryta of the Michigan Department of Community of Health. The revised "Statement of Work" makes it clearer that this is strictly a planning grant and that the Oakland County Board of Commissioners must approve any final County plan before it is implemented (see last sentence, first full paragraph, Page 2, Attachment &Draft Revision Attach A Rev 2.doc). It should be noted that there are a number of so-called standard DCH provisions in this DCH Contract that this office would normally not approve (e.g., Y2K software warranties, certain provisions on subcontractor liability, etc.). In this particular case, however, those issues are not going to be of any practical concern. Accordingly, we did not bother to insist on these changes as we normally would have done. Please advise if there are any further questions or concerns regarding this Grant. MDB/egm Attachment nAtampf1le1nu-nbee2001\2001-0634472yne. Merin 7-'2:34)1.doe PRIVILEGED AND CONFIDENTIAL ATTORNEY / CLIENT COMMT_INICATION 4111141Aep do SAFETY 4, Recsomn jot 2 3 2081 Co[Logiv 4-- , OAP:LAW , 2 • • tOAKIAND L BROOKS PATTERSON, OAKLAND COUNT( EXECUTIVE • COUNTY MICHIGA.N RISK MANAGEMENT AND SAFETY Stanley B. Fayne, J.D. Director June 29, 2001 Eileen Ellis Health Management Associates One Michigan Avenue Building 120 N Washington Square.— Suite 705 Lansing MI 48933 Doug Williams Oakland County Executive Office 1200 N Telegraph Road Pontiac MI 48341 Judy Cunningham Oakland County Corporation Counsel 1200 N Telegraph Road • Pontiac MI 48341 Jeff Pardee Oakland County Management & Budget 1200 N Telegraph Road Pontiac MI 48341 SUBJECT: INDIGENT HEALTH PLANNING GRANT Dear Ms Ellis, Ms. Cunningham, Mr. Williams, and Mr. Pardee: Attached is a copy of the contract for the Indigent Health Planning Grant. I would appreciate your review and comments, which would be pertinent prior to my submission through the grant procedure. Eileen and Jeff, I would appreciate your comments, if any, pertaining to the program budget summary and the cost detail prior to my completing that portion of the application. I will coordinate this further with the financial services area. Sincerely, '4r-12 ley B. Fayne irector SBF/dg cc: Stefania Rodgers, Oakland County Management and Budget w/enc NADonna\Contracts1ElliMIndigent Health Planning Grantdoc STATE OF MICHIGAN .cemr-gze*. • LP vir June 26, 2001 Stan Fayne, Director Risk Management and Safety 2805 Pontiac Lake Road, Suite 2A Waterford, MI 48326-2656 Dear Mr. Fayne: 5:1\ ) ootiv . 41,14A6:, V:04 t -,Eerp,rt- JUN 2 8 .2801 E" C;;JNIYI...- -OAKLAtla JOHN ENGLER, Governor DEPARTMENT OF COMMUNITY HEALTH JAMES K. HAVEMAN, JR. Director MEDICAL SERVICES ADMINISTRATION 400 SOUTH PINE PO BOX 30479 LANSING MI 48909-7979 Enclosed are two contracts for the indigent health care planning grant between the Oakland County and the Department of Community Health. Please have both contracts signed by the appropriate, authorized individual for your agency, include your federal I.D. number, and return both contracts to me at the following address: Robert Buryta, Program Specialist Plan Administration Bureau Medical Services Administration P.O. Box 30479 Lansing, NE 48909 The contracts will be signed by the Department and a single original will be returned to you for your records. If you have any questions regarding this matter, I may be reached at (517) 335-5107. Cordially, Robert Buryta, Program Specialist Plan Administration Bureau Medical Services Administration DCH-0385 6/98 Replaces FIN-110 PAGE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH . PROGRAM BUDGET SUMMARY Program Code Budget Period Date Prepared • Indigent Health Care Planning Grant 6/15/01 TO 9/14/01 6/15/01 Contractor Budget for Original Agreement X Oakland County or Amendment # , -• Address City State Zip Code Payee Identification Number 38- 2805 Pontiac Lake Road, Suite 2A Waterford Ml 48326-2656 EXPENDITURE TOTAL CATEGORY BUDGET -. 1 Salaries & Wages _ - 2 Fringe Benefits - . 3 , Travel ; 4 4 Supplies & Materials , 5 Contractual (Sub-Contracts) 6 Equipment _ 7 Other Expenses: Develop County Indigent Health $50,000.00 Care Program - - • 8 TOTAL DIRECT $50,000.00 9 Indirect Costs: Rate #1 Indirect Costs: Rate #2 - 10 Other Cost Distributions , , n 11 TOTAL EXPENDITURES $50,000.00 SOURCE OF FUNDS , 12 Fees & Collections 13 State Agreement $50,000.00 14 Lc>. cal 15 Federal 16 Other . 17 _,_ TOTAL FUNDING CSA Ann AA DCH-0386 6/98 Replaces FIN-116 PAGE 2 OF 2_ MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET - COST DETAIL Program Code Budget Period Date Prepared Indigent Health Care Planning Grant 6/15/01 TO 9/14/01 6/15/01 Contractor Original Amended Amendment Oakland County Budget X Budget Number POSITION DESCRIPTION POSITIONS TOTAL COMMENTS REQUIRED SALARY TOTAL 0 $0.00 FRINGE BENEFITS: (Specify) FICA LIFE INS. DENTAL INS. COMPOSITE UNEMPLY INS. VISION INS. WORK. COMP. RATE % RETIREMENT HEARING INS. HOSP. INS. OTHER: AMOUNT - . . TRAVEL (Specify if any item exceeds 10% of Total Expenditures) SUPPLIES & MATERIALS (Specify if any items exceeds 10% of Total Expenditures) CONTRACTUAL (Subcontracts) TOTAL SUB-CONT EQUIPMENT (Specify) TOTAL EQUIPMENT OTHER EXPENSES (Specify if any item exceeds 10% of Total expenditures: Communications Space Cost Other - Develop County Indigent Health Care Program TOTAL OTHER $50,000.00 OTHER COST DISTRIBUTIONS INDIRECT COST CALCULATIONS Description of cost being distributed: Percent distributed Amount to the program: Distributed % $ BASE X RATE % $ % $ BASE X RATE Contract # Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and Name: Oakland County Address: 2805 Pontiac Lake Road Waterford, MI 48326-2656 Federal I.D.#: 38- (hereinafter referred to as the "Contractor") for • Indigent Health Care Planning Grant Part I 1. Period of Agreement: This agreement shall commence on June 15 2001 and continue through September 14, 2001. 2. Program Budget and Agreement Amount A. Agreement Amount The Department under the terms of this agreement will provide funding not to exceed $ 50,000.00. Funds paid under this grant are to come out of tobacco settlement monies. B. Equipment Purchases and Title Any equipment purchases supported in whole or in part through this agreement must be detailed in the supporting detail schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer • the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of. title. C. Deviation Allowance A deviation allowance modifying an established budget category by $5,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision including any adjustment to the total amount of this agreement must be made in writing and executed by all parties to this agreement before the modifications can be Implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to: Develop a county-based indigent health care program for individuals that do not have private health insurance coverage and who do not qualify for Medicaid. The program is to replace the current state operated State Medical Program. See the work statement for additional details. 4. Statement of Work : The Contractor agrees to undertake, perform and complete the services described in Attachment A which is attached and hereby made a part of this agreement through reference. 5. Method of Payments and Financial Reports : The payment procedures shall be followed as described in Part II of the agreement and Attachment B, which is hereby made a part of this agreement through reference. 6. Performance/Progress Report Requirements : The progress reporting methods, as applicable, shall be followed as described in Attachment C, hereby made a part of this agreement through reference. 7. General Provisions : The Contractor agrees to comply with the General Provisions outlined in Part II, hereby made part of this agreement through reference. 8. Administration of the Agreement : The person acting for the Department in administering this agreement' (hereinafter referred to as the Contract Manager and Location/Building) will be : Robert Buryta, Capitol Commons Center, 400 S. Pine St., P.O. Box 30479, Lansing, MI 48909. For the CONTRACTOR Ra/0140(/-- Vti, (c-4, a.-vtS 661.. iA/11-1) Name and Title Signa 9. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. 10. Special Certification : The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 11. Signature Section : For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date nr.s-Lniurtgrv,nni Rinn twp1 Part II General Provisions I. Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this • agreement will: A. Publication Rights 1. News Releases - News releases pertaining of this agreement of the services, study, data or project to which it relates will not be made without prior written Department approval, and then only in accordance with the explicit written instructions from the ' Department. 2. Publication - The Contractor will not use, release or publish any analyses, findings, results, or techniques developed under this agreement, or any information derived therefrom until such analysis, findings or techniques have been reported to the Department in the manner prescribed by this Agreement and have become public domain. These analyses, findings or techniques will be considered in the public domain when 1) they are submitted to the Department and receive positive action; 2) they are formally accepted by the Department; or 3) ninety (90) days elapse after submission to the Department, whichever of the three may occur first. No material may be published which is exempt from disclosure under 1976 PA 442, MCL 15.231 et seq, MSA 4.1801(1) et seq, known as the "Freedom of Information Act," without express permission from the Department. The Contractor will provide the Department, for its review, copies of all presentations or articles being submitted for publication at least thirty (30) days in advance. Where activities supported by this agreement produce any products, curriculums, films, pamphlets, videos, or other such materials issues by the Contractor, the products are the possessions of the Department. The Department retains all rights to copyright, patent, and/or trademark such said products. All publications must receive prior approval from the Department. Contractor, developer, creator, author, editor, printer, subcontractor or manufacturer will not have any rights to royalties from the products. The Department retains the exclusive and irrevocable license to reproduce, publish and use such materials. 3. Acknowledgment of Department Participation/Support - All publications or oral presentations concerning the analyses, findings, results or techniques developed under this agreement will contain an acknowledgment of the Department's participation and support unless the Department requests in writing that their participation and support not be acknowledged. Furthermore, the Contractor may not receive fees for any article in excess of the costs of preparation of published article and excluding the cost of the research and compilation which was compensated under this agreement 4. Any modifications to copyrighted materials bearing acknowledgment of the Department's name must be approved by the Department prior to reproduction and use of such materials. B. Fees Make reasonable efforts to collect 1s t and 3rd party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E. Record Maintenance/Retention Maintain adequate program and fiscal records and files including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to; and, that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. F. - Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to the extent authorized by applicable state or federal law, rule or regulation, to records, files, and documentation related to this agreement. • G. Single Audit Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, 31 USC 7501 et seq, and Office of Management and Budget Circular (OMB) A-133, "Audits of States, Local Governments, and Non-Profit Organizations", a copy of the annual audit reporting package of the Contractor to the Department. The audit reporting package and management letter are due within nine months after the end of the Contractor's fiscal year. The audit reporting package and management letter are required to be filed with the Department even if there are no findings reported in the audit pertaining to Department programs. The federal OMB Circular A-133 requires either a single audit or program- specific audit (when administering one federal program) of agencies that expend $300,000 or more of federal grant funding during the Contractor's fiscal year. Contractors that fall below the single audit threshold, are exempt from the single audit requirements, however, for Contractors receiving $300,000 or more of total Department grant funding, a copy of the financial audit prepared in accordance with generally accepted • auditing standards must be submitted as a minimum requirement of the Department. The Department or federal agencies, may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. The Contractor's records must also be available for review or audit by appropriate officials of the Department or federal agencies (i.e., federal awarding agency or General Accounting Office). The Contractor must also assure that each of its subcontractors comply with the above audit requirements, as applicable, and provide for other subrecipient monitoring procedures, as deemed necessary. A copy of the audit reporting package or financial audit should be forwarded to: Michigan Department of Community Health Rate Development, Revenue Reimbursement and Payment Settlement Bureau P.O. Box 30479 Lansing, MI 48909-7979 H. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source which would require or result in significant modification in the provision of services or funding or compliance with operational procedures. Year 2000 Compatibility The Contractor must ensure year 2000 compatibility for any software purchases related to this agreement. This shall include, but is not limited to: data structures (databases, data files, etc.) that provide 4-digit date century; stored data that contain date century recognition, including but not limited to, data stored in databases and hardware device internal system dates; calculations and program logic (e.g., sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values) that accommodates same century and multi- century formulas and date values; interfaces that supply data to and receive data from other systems or organizations that prevent non- compliant dates and data from entering any State system; user interfaces (i.e., screens, reports, etc.) that accurately show 4-digit years; and assurance that the year 2000 shall be correctly treated as a leap year within all calculation and calendar logic. J. Human Subjects The Contractor agrees to submit all research involving human subjects, which is conducted in programs sponsored by the Department, or in programs which receive funding from or through the State of Michigan, to the Department's Human Subjects Committee for approval prior to the initiation of the research. Responsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will: A. Payment Provide payment in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. . B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and to provide the Contractor with any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to required usage to afford the Contractor an opportunity for review and commentary. III. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbying Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act (Public Law 104-208). Further, the Contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq, and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq, and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned, women owned, and handicapper owned businesses in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned, women owned, and handicapper owned businesses in subcontracting; and (2) making discrimination a material breach of contract. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with federal regulation 45 CFR Part 76 and certifies to the best of its knowledge and belief that it and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or Contractor; 2. Have not within a 3 year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal DCH-0685FY2001 8/00 (WP) or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a 3 year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6081 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision -of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local . governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawards which contain provisions for children's services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501- 1508, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728. Federal DCH-0685FY2001 8/00 NVP) funds cannot be used for partisan, political purposes of any kind by any person * or organization involved in the administration of federally-assisted programs. G. Home Health Services If the Contractor provides Home Health Services, the following requirements apply: 1. The Contractor shall not use categorical grant funds provided under this agreement to unfairly compete for home health services available from private providers of the same type of services in the Contractor's service area. 2. For purposes of this agreement, the term "unfair competition" shall be defined as offering of home health services at fees substantially less than those generally charged by private providers of the same type of services in the Contractor's area, except as allowed under Medicare customary charge regulations involving sliding fee scale discounts for low-income clients based upon their ability to pay. 3. If the Department finds that the Contractor is not in compliance with its assurance not to use state local public health operations and categorical grant funds to unfairly compete, the Department shall follow the procedure required for failure by local health departments to adequately provide required services set forth in Sections 2497 and 2498 of 1978, PA 368, as amended (Public Health Code), MCL 333.2497 and 2498, MSA 14.15 (2497) and (2498). H. Subcontracts • Assure for any subcontracted service, activity or product: 1. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within 30 days of execution of the agreement . 2. That any executed subcontract becomes part of this agreement and shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: Contains additional non-conflicting provisions not set forth in this agreement; (b) Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or (a) (c) Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. Procurement • Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accord with the principles and requirements of OMB Circular A-102 (as revised), implemented through applicable portions of the associated "Common Rule" as promulgated by responsible federal contractor(s), or A-110, as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. IV. Payment and Reporting Procedures A. Financial Status Report Submission Financial Status Reports shall be prepared and submitted to the Michigan Department of Community Health, Budget and Finance/Administration, Accounting Division, Expenditure Control Section, P.O. Box 30720, Lansing, Michigan 48909, on a monthly basis, no later than thirty (30) days after the close of each calendar month. The monthly Financial Status Reports must reflect total actual program expenditures, regardless of the source of funds. B. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement mechanism as follows: Reimbursement from the Department based on the understanding that Department funds will be paid up to total costs in relation to the Department's share of the total costs and up to the total Department allocation as agreed to in the approved budget. Department funds are first source (after fees and earmarked sources) unless a specific local match condition exists. C. Operating Advance An operating advance may be provided to the Contractor, by the Department, to assist in initiating the program. The advance amount requested must be reasonable in relationship to the program's requirements, billing cycle, etc.; and in no case exceed the amount required for 60 days operating expense. The monthly Financial Status Report will be utilized to replenish the operating funds on a regular recurring basis. • • D. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Period The Department has the option to assume no responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. A. Termination This agreement is in full force and effect for the period specified in the heading of this agreement. 1. This agreement may be terminated by either party by giving sixty (60) days written notice to the other party stating the reasons for • termination and the effective date. 2. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. 3. This agreement may be terminated immediately without further liability to the state, the Department and employees if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section 111.D. of this agreement during the term of this agreement or any extension thereof. • B. Final Reporting Should this agreement be terminated by either party, the Contractor shall provide the Department within thirty (30) days after conclusion or termination, with all financial performance, and other reports required as a condition of the agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments, other state or federal programs. The Contractor shall immediately refund to the Department any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. C. Unauthorized Funds Upon any such termination, any funds not authorized for use shall be returned to the Department. VI. Severability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. VIII. Liability A. AN liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor in the performance of this agreement shall be the responsibility of the Contractor, and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. B. AN liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. IX. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq. X. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. Xl. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or nrn-LnotAgp-sp,nni F,nn /WM other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. DCH-0665FY2001 8100 (WP) . Atta.theinent A - Draft Revision - ATIACH_A_rev2.DO(' ATTACHMENT A STATEMENT OF WORK The purpose of this grant is to provide funds to the county, or an entity acting on its behalf, to develop and submit a ,plan to establish a county-based program for the provision of health care services to low-income adults that do not have private health insurance coverage and who are not eligible for Medicaid coverage. The County plan, or proposed program, submitted pursuant to this grant shall address and include proposals for all of the State's concerns and issues described below. The locally administered program will replace the State Medical Program (SMP) in the county. The county, or the entity acting on its behalf, shall use the planning funds provided under this grant to determine the potential number of eligible clients in the county, to develop eligibility criteria, and to develop the necessary infrastructure needed to implement and administer the program. Two or more counties may collaborate to develop a single proposal to cover individuals in their counties. The planning grant may not exceed $50,000.00. Services under the county plan must equal or exceed those provided under the SMP. Eligibility for the county plan must include or exceed the number of individuals covered under the SMP. Both services and eligibles included in the county plan may exceed those covered under the SMP. Proposed plans may offer a one third county/employer/employee contribution option for the provision of health care services to low-income workers. This option may provide health care coverage to working individuals and families in companies that do not currently provide this coverage where the average hourly wage of the employee does not exceed $10.00 per hour. The county must commit local funds to its proposed plan. The Department will match local funding using the Medicaid match ratio. The county may not use federal funds or general fund dollars that are already matched by federal funds under another program for matching purposes under this grant. The appropriate use of the planning funds include, but is not limited to, staff salaries, staff fringe benefits, office space rental, communications expenses including the provision of telephone, fax, and mailing services. Additional allowable expenses include in-state travel expenses, legal expenditures, consulting fees, accounting expenditures and other professional fees. Allowable expenses include only those necessary for the development of a plan and its written documentation. Any excess grant funds received by the county, or the entity acting on its behalf, that are not used for purposes of developing a written proposal as required by this grant must be returned to the Department. The county plan must include the projected number of eligibles in the county, the number of eligibles to be enrolled, how the county intends to pay for services, and a description of the service delivery network to be used. A description of the organization that will administer the proposed program must be included in all submitted proposals. The description must include the names and addresses of all board members for the organization and the names of the agencies, if any, they represent. Counties may wish to establish nonprofit corporations to administer for the local initiative. The plan must describe the method that will be used to enroll eligibles into the plan. The plan must include, at a minimum, a three-year plan for the growth and development of the county plan. The proposal must also include the names and resumes DCH-0865FY2001 8100 (WP) Page: 15 of 18 •Attrieheinent A - Draft Revision - ATTACH_Arev2.DOC of key individuals that will administer the county program. The county, or the entity acting on its behalf, will be required to provide reports on a regular basis providing information on the number of enrollees, expenditures, and costs per member month. A reporting format developed by the Department to cover all counties participating under this program will be provided. All counties receiving funds under this program agree to complete and return the Department form(s) in the time frames required. The county agrees to provide additional information on any locally based health care initiatives. The county agrees to provide additional information and to meet with department representatives regarding its plan as required by the Department. The county, or the entity acting on its behalf, may be required to make changes to its proposal as requested by the Department before its final approval is given to the plan. The Department must approve all county plans before payments will be initiated by the Department. The Oakland County Board of Commissioners must also approve any final county plan before it is implemented. County programs must enter into signed agreements with one or more hospitals in their counties prior to receipt of funds from the Department. The chosen hospital(s) must meet federal eligibility requirements to receive disproportionate share hospital payments. Funds will be paid by the state to a county hospital(s) that in turn will make payment to the local program to cover program costs. A copy of the signed agreement between the hospital(s) that is to receive payments from the Department and the entity used to administer the county-based plan must be included in the proposed county plan. The Department must approve all agreements before any awards will be made. The county, or the entity acting on its behalf, must submit proposed expenditures for the first year of its program (January 1, 2002 to September 30, 2002) to the Department by no later than July 31, 2001. A completed plan must be submitted to the Department by no later than August 31, 2001. Finally, the delivery of services must begin no later than January 1, 2002. DCH-0665FY2001 8100 (WP) Page: 16 of 18 *ATTACHMENT B Method of Payments and Financial Reports 1. The contractor shall submit monthly Financial Status Reports (DCH-0384). 2. Payments by the Department will be made, normally within 30 days, in response to the submitted monthly FSRs. 3. The Department may withhold the final payment (up to one-quarter of the total grant) until the grantee provides its final written county indigent health care proposal as required by Attachment A of this grant. The Department shall be solely responsible for determining whether the submitted, written proposal fulfills the requirements of the grant and whether the final payment should be made. DCH-0885FY2001 8/00 (WP) ATTACHMENT C PERFORMANCE / PROGRESS REPORT REQUIREMENTS a. The Contractor shall submit the following reports on the following dates: A completed county indigent health care plan must be submitted to the Department by no later than August 31, 2001. b. Any such other information as specified in Attachment A shall be developed and submitted by the Contractor as required by the Contract Manager. c. Reports and information shall be submitted to: Robert Buryta Plan Administration Bureau Medical Services Administration P.O. Box 30479 Lansing, MI 48909 d. The Contract Manager shall evaluate the reports submitted as described in a. and b. above for their completeness and adequacy. The final payment may be withheld by the Department pending its acceptance of all required reports. t. e. The Contractor shall permit the Department or its designee to visit and to make an evaluation of the project as determined by Contract Management. DCH-0865FY2001 8/00 (WP) Resolution #01195 August 2, 2001 Moved by Douglas supported by Melton the resolution be adopted. Discussion followed. AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24) NAYS: Palmer. (1) A sufficient majority having voted therefor, the resolution was adopted. • STATE OF MICHIGAN) COUNTY OF OAKLAND) --- I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 2, 2001 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 2nd day op August, 2001. GP / AO'.6( = ."/ ..ef -.1.11 -- - inAWW; ' . G William Caddell, County Clerk